Nobody downloaded yet

Whitman V. America Trucking Associations, Inc - Essay Example

Comments (0) Cite this document
Summary
This case is within the coverage of Environmental Law. The issue in question is the constitutionality of the air quality standards that the Environment Protection Agency (EPA) issued for ground-level ozone and fine particles which are considered harmful effects of air pollution that can endanger both the public safety and public health…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.6% of users find it useful
Whitman V. America Trucking Associations, Inc
Read TextPreview

Extract of sample "Whitman V. America Trucking Associations, Inc"

Download file to see previous pages In a review conducted by EPA, it revealed that public health can be improved by lowering emission standards for ozone and particulates. The fine particles found in air pollution can cause premature death and chronic bronchitis. On the other hand, ozone can cause lung inflammation and prolonged exposure may cause permanent damage to the lungs. Both pollutants are considered as health hazards since they are closely associated with increased hospital admissions and can cause respiratory problems like asthma and respiratory tract infection. EPA lowered the National Ambient Air Quality Standard (NAAQS) which was challenged by industry groups for failure to account the cost of compliance. The Court of Appeals ruled in favor of the industry groups. Hence, appeal was made by EPA. The Supreme Court ruled in favor of the constitutionality of EPA’s delegated power to set national air quality standards for the protection of the public from harmful effects of air pollution, without considering the economic costs of implementing the standards. The quality standards set forth by EPA is imbued with public interest for the protection of the nation’s health and safety. The High Court ruled that there was no violation of the non-delegated doctrine and EPA acted within the bounds of the delegated power. The key issue in this case is whether or not the (EPA) National Ambient Air Quality Standard (NAAQS) has the delegated legislative power to enact new regulations and set national air quality standards for the protection of the public from harmful effects of air pollution. Under Section 109(b)(1) of the CAA (Clean Air Act) enacted by Congress, it empowered the EPA to set ambient air quality standards and promulgate regulations for identified air pollutants. When the EPA reviewed this information after five years, the EPA issued an amendment to the Act in Section 109(b)(1), requiring the EPA to set air quality standards necessary for the protection of public health “the attainment and maintenance of which are request to protect the public health with an adequate margin of safety.” Plaintiff American Trucking Associations, Inc. brought suit in the District Court for the District of Columbia and argued that the amendment is unconstitutional while at the same time questioned the delegated legislative power to the EPA. The district court held that the CAA did not provide any “intelligible principles” to the EPA for enacting new regulations, and suggested that the EPA could avoid unconstitutionality by adopting a more restrictive version of Sec. 109(b)(1). The Court of Appeals (D.C. Circuit Court) ruled otherwise by stating that the standard making procedure delegated by Congress to the EPA to set air quality was an unconstitutional and runs counter with Article I, Section I of the U.S. Constitution because it found that the EPA had construed the statute to afford no "intelligible principle" to direct the exercise of authority of the agency. EPA misinterpreted the statute believing that the agency can exercise of authority and implement a national ambient air quality standard. The district court remanded the regulation to the EPA for review, and the agency appealed. The Court of Appeals agreed with the district court, thus, prompting Whitman and the EPA appealed to the US Supreme Court. The ruling of the Supreme Court found that degree of agency discretion that is acceptable varies according to the scope of the power conferred to it by the legislature. Administrative agencies, like EPA, are not given full discretion and blanket authority when faced with all-encompassing regulatory ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Whitman V. America Trucking Associations, Inc Essay”, n.d.)
Retrieved from https://studentshare.org/environmental-studies/1413994-whitman-v-american-trucking-association
(Whitman V. America Trucking Associations, Inc Essay)
https://studentshare.org/environmental-studies/1413994-whitman-v-american-trucking-association.
“Whitman V. America Trucking Associations, Inc Essay”, n.d. https://studentshare.org/environmental-studies/1413994-whitman-v-american-trucking-association.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Whitman V. America Trucking Associations, Inc

British Petroleum America, Inc

...? BP America, Inc; Case Study BP America, Inc: Case Study British Petroleum (BP) had its birth in the year 1901 when William Knox D’Arcy got the chance to explore Persia’s oil resources. At first, the company was known as the Anglo-Persian Oil Company (Eugene D. Fanning Cente, p. 9). In the year 1914, it entered into an agreement with the British government. With the funding from the British government, it spread its operations to start marine bunkering stations and aviation fuel production. By 1935, it had refineries in Australia, Canada, South America, Africa, Papua New Guinea, and Europe (p. 10). It was in the year 1959 that BP found the presence of Hydrocarbons under the North Sea and under Alaska’s permafrost. Thereafter... such...
3 Pages(750 words)Case Study

Industrial Services of America Inc

...? Industrial Services of America Inc. Introduction An individual’s motivation is the combined energy and desire to achieve to reach or attain a set objective or goal. Motivation is widely considered as the cause of an individual’s action and a number of variables, foremost being the rewards an individual derives from carrying out the action, influences motivation. Employers utilize this aspect of motivation to influence their employees in order to get them to perform or carry out what they ought to do (Lussier, 2008). As aforementioned, an individual’s motivation depends solely on two factors; the perception that the action taken will satisfy one’s needs and the strength attached to certain needs. It is...
4 Pages(1000 words)Essay

G & P Trucking Company, Inc

...for any empty miles driven or when the drivers stop to rest. There are also hurdles associated with government and agency regulations which sometimes make it difficult for a trucking company like G&P to operate by erecting bureaucratic barriers which slow operations down. (Trucking-How Hard Can It Be?). 2. Environmental Analysis i. External environmental Factors When conducting an analysis of the external environment we look at the competitors to G&P. There is Atlantic Trucking Co, Inc. and F & I Trucking Corp. Between the two of them Atlantic Trucking Co poses a bigger threat of competition to G&P...
4 Pages(1000 words)Assignment

Inc. Boy Scouts of America v. Blue Lake Township

...? BOY Introduction The provided court decision concerns the interpretation of land use zoning bylaws and the method os amending them. The decision, if taken as a precedent for future trial decisions, means that courts will interpret provisions in favor of municipalities unless landowners can demonstrate that their rights have been clearly and severely violated. In other words, if courts feel that municipal legislation can be reasonably argued as necessary for the public good, this will trump individual landowners’ rights except if they consider that these rights have been clearly and severely trampled on by the alleged offending municipality. Planners, especially landowners and others working on their behalf should know about... BOY...
3 Pages(750 words)Assignment

CHAMBLEE v. GRAYCO, INC

...? CHAMBLEE v. GRAYCO, INC. Issues The main issue highlighted in this case illustrates that plaintiff’s claim for negligence under the tort law does not directly justify the liabilities of the landlord under the provisions of tort law in the case of Chamblee v. Grayco Inc. As noted in the case, Chamblee (the plaintiff) had to suffer from severe damages after falling onto a drainage pipe which was partially exposed beside the sidewalk of the rented apartment. Following the injury, the plaintiff accused the defendant (Grayco Inc.) of being negligent and filed a lawsuit under the premise liability law (Meiners, Ringleb & Edwards, 2008). Rules Premise...
5 Pages(1250 words)Case Study

Huffman Trucking Company Inc. Telephony Service Profiling

..., it is very costly. If and intermediate node fails, all data that passes through it are also lost. C. Recommendations and Benefits Strictly nonblocking networks is highly recommended constructed with the cost of a rearrangeable network.3 Much reliable and practical with their present topology. V. Network Security A. Present Network Security Set Up Huffman Trucking Company Inc. has installations of Microsoft Windows 2000 servers for firewalls and trusted network configurations. Domain controllers respond to security authentication requests. B. Identification of Security Needs for Enhancement Virtual private networks and firewalls shall be monitored and set up. Compulsory for password...
14 Pages(3500 words)Essay

Libby-Broadway Drive-In, Inc. v. McDonalds System, Inc

...Libby-Broadway Drive-In, Inc. v. McDonald's System, Inc. 391 N.E. 2d 1979 Ill.App. Lexis 2698 (Ill. App FACTS OF THE CASE: Franchise Agreement: Libby-Broadway Drive-In, Inc. (Libby) is a corporation licensed to operate a McDonald's fast-food franchise restaurant by the McDonald's System, Inc. (McDonald's). Libby was granted a license to operate a McDonald's in Cleveland, Ohio, and was granted an exclusive territory in which McDonald's could not grant another franchise. The area was described as "bound on the north by the south side of Miles Avenue, on the west and south side by Turney Road, on the east by Warrensville Center Road." In December 1976,...
2 Pages(500 words)Case Study

Womens Associations

...DRAFT The North County African American Women’s Association is one of the major women organizations in San Diego. This organization mainly deals with the empowerment of women within the geographical boundaries of San Diego North County. The mandate of this organization is relevant with regard to Soc350 course content, as the organization is concerned with aspects of cultural diversity and equality. The North County African American Women’s Association is a non-profit organization, formed in the year 1994 with a major aim of enhancing the self-sufficiency of women and girls living in San Diego North County. The organization holds fundraising events in order to raise money to run its projects and...
3 Pages(750 words)Essay

Woolley v. Hoffmann-La Roche, Inc. and Lucy v. Zehmer

...Law Case Study Affiliation Law Case Study Case study Task He received the contract of employment letter end read itin details. The manual of employment read did contain details of information that created a contract with the firm, and illegal sacking. The cause and reason of sacking was unreasonable and hence a breach of contract. The manual did represent the unilateral contract. After reading the manual given to him prior to employment, he did accept the terms and got into the employment contract immediately. If he could be dissatisfied with the terms of employment in the manual, he could have not accepted the employment offer. Task 2 In that case, the court is changing the employment law in Jersey State. In such a case when... Case Study...
1 Pages(250 words)Essay

Case 2.2 Gucci America, Inc. V. Wang Huoqing

...Gucci America, Inc. V. Wang Huoqing Both the parties in the case are in the clothing industry. The parties are retail, whole sale and online clothing stores. Prior to the case, the stores had significant market share and support. However, Gucci America had a greater market share. Its products had trademarks that were globally recognized. For this reason, its products were highly recognized and its trademark valuable. For this reason, Wang Huoqing created products that resembled products from Gucci. The main dispute was caused by infringement of trademark rules (Gucci America, Inc. V. Wang Huoqing). This is because Wang...
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Whitman V. America Trucking Associations, Inc for FREE!

Contact Us